A New York electric scooter crash caused by someone else can have a profound impact on your life. After a collision, you may struggle with pain, medical bills, and an uncertain future. At Hach & Rose, LLP, an electric scooter accident lawyer in New York is on hand to review your case. We’ll explain your legal options and offer dedicated representation if you hire us. Contact us online or call (212) 779-0057 today for more information.
You might be eligible to receive compensation in a personal injury claim in these circumstances. By filing an insurance claim or filing a personal injury lawsuit, you could seek compensation for medical expenses and other such losses. Doing so may ease some of your accident-related burdens.
The timing of the electric scooter debate in New York City is important as residents prepare for a 15-month shutdown of the L train that connects Brooklyn to Manhattan. While the L train will continue to operate in Brooklyn between Bedford Avenue and Rockaway Parkway, many people will be forced to seek new transportation options during this time.
Did you sustain serious injuries or was your loved one killed in an electric scooter accident in New York City? If your crash was caused by another party’s negligence, you could be entitled to compensation for all of the damages you have suffered.
Hach & Rose, LLP represents clients injured in accidents all over New York City. You can have our personal injury lawyers provide a complete evaluation of your case when you call (212) 779-0057 or complete an online contact form to schedule a free consultation.
Electric Scooters in NYC: The Basics
Electric scooters have grown in popularity in New York because they offer a convenient means of traveling the city. Their growth in popularity is also due to the rise of such NYC electric scooter rental companies as:
- Lime
- Levy Electric Scooters
- Fancy Apple Bike & Scooter Rental
- Cloud of Goods
Those are just a few examples. These vehicles may continue to attract riders as more rental options emerge in New York.
What You Need to Know About Electric Scooter Accidents in NYC
Per the City of New York, New Yorkers and guests are allowed to ride electric scooters. They must meet the following requirements to be legal in NYC:
- Electric scooters must have handlebars
- They must have seats or floorboards
- They may run on electric power or human power
NYC does not permit electric scooters on sidewalks. Riders can use them in bike lanes and on streets where the maximum speed limit is 30 mph. Riders can’t operate these vehicles in excess of 15 mph on New York streets and in bike lanes. All NYC electric scooter riders should wear helmets, although helmets are required for riders who are 16 and 17 years old.
Unfortunately, electric scooter accidents are on the rise. According to the U.S. Consumer Product Safety Commission (CPSC), the rate of injuries resulting from the usage of micro-mobility devices rose almost 21% in 2022 compared to 2021. In 2022, 21 fatalities involving electric scooters and similar mobility devices occurred in NYC.
Common Causes of New York Electric Scooter Accidents
E-scooter crashes have many potential causes. The following are common examples:
- Speeding
- Distraction
- Intoxication
- Scooter malfunction
- Unsafe road conditions
- Ignoring traffic signs or signals
- Pedestrians stepping in front of vehicles without looking
Common Injuries Resulting from New York City Electric Scooter Crashes
An electric scooter can leave a rider quite vulnerable to harm in the event of a collision. Unlike a car, an electric scooter isn’t an enclosed motor vehicle. There is no metal frame protecting a rider from the shock of a collision. In addition, a rider may be at risk of being thrown from their scooter in a crash.
Common injuries resulting from electric scooter wrecks include:
- Head injuries and traumatic brain injuries, particularly in riders not wearing helmets
- Fractures and breaks, which are more common in the upper extremities for electric scooter riders
- Road rash
- Spinal cord injuries
- Foot and ankle injuries
Always seek medical care after any crash that could potentially cause injuries. This is a must, even if you doubt you’ve sustained injuries. A collision is a frightening experience, and the body may release adrenaline. Adrenaline can prevent you from noticing the symptoms of an injury until hours or days later.
Seeing a doctor ensures you receive prompt treatment for any injuries you may have sustained. It also establishes a clear link between the crash and your injuries. Establishing such a link could improve your chances of receiving compensation. If you were to wait to see a doctor, an insurer might argue there’s no proof the electric scooter crash caused any harm.
Compensation Available in New York City Electric Scooter Accidents
You may be eligible for compensation for two main types of losses resulting from an electric scooter wreck:
- Economic
- Non-economic
Medical bills and lost wages are common examples of economic losses in personal injury cases. They qualify as economic because they have exact dollar values. The same is true of lost wages.
Other losses don’t have an exact dollar value attached. Consider the example of pain and suffering. You may endure significant pain as you recover from your injuries. You might also struggle with emotional trauma and mental anguish.
These intangible losses are classified as non-economic losses. Though they don’t come with a price tag, they still have value, and you may be entitled to receive compensation for them.
Seeking the compensation you’re owed usually involves filing an insurance claim. If you were injured by someone else’s actions, you could file a claim with the liable party’s insurance carrier. You may file a lawsuit to seek damages at trial if the insurance company won’t negotiate a fair settlement.
Important Information About Electric Scooter Crashes and New York’s No-Fault Laws
New York is one of a few states using the no-fault system in regard to car crash insurance. When you register a vehicle in New York, you must purchase personal injury protection (PIP) insurance.
PIP insurance compensates you for medical bills and other losses resulting from a car wreck. Even if someone else caused the crash, you would file a claim with your insurance for compensation.
Does the no-fault system apply in electric scooter crash cases? In New York, that depends.
If an electric scooter can exceed speeds of 20 mph, the New York DMV may assign it the same vehicle class as a motorcycle. No-fault rules would not apply to a rider of such a vehicle. Currently, New York’s no-fault system doesn’t apply to motorcycles and similar vehicles.
However, some electric scooters can’t go faster than 20 mph. On a slower electric scooter, a rider qualifies as a pedestrian or covered person in New York. Thus, they may be eligible for compensation through the no-fault system.
The no-fault system allows an injured party to easily receive and pay for medical care through their own insurance. If you don’t have auto insurance coverage of your own that would apply, the at-fault driver’s PIP coverage should cover you. If no-fault doesn’t apply in your circumstances, your medical care providers may place a lien on your future settlement. A medical lien involves a medical care provider claiming a portion of your settlement before you’ve received it to cover unpaid medical bills.
Potential Liable Parties in an Electric Scooter Crash
Identifying the party whose negligence caused your injuries is important after a crash. You need to know who is liable in order to properly file a claim.
Potentially liable parties in electric scooter crashes may include:
- Motorists
- Electric scooter manufacturers
- Electric scooter designers
- Trucking companies
- Bus companies
- Government agencies responsible for maintaining safe roads
Some cases are more complex than others. If it’s not immediately clear who caused a wreck, an investigation may be necessary.
Evidence in NYC Electric Scooter Crash Cases
Gathering evidence and documentation of your losses is essential when preparing to submit a claim. You need to provide evidence indicating the crash resulted from the insured’s negligence. You must also provide documentation of your losses.
Evidence and documentation that may strengthen your case after an electric scooter collision could include:
- Copies of medical records and medical bills
- Police reports
- Witness statements
- The negligent party’s own statement
- Photos and/or footage of the crash
How a New York Electric Scooter Accident Lawyer Can Help You
Pursuing compensation on your own isn’t necessary after an electric scooter crash. Instead, consider hiring an electric scooter accident lawyer from our legal team to represent you. Ways an electric scooter accident attorney in NYC may assist you include:
- Reviewing your case to determine your legal options
- Investigating the accident to identify liable parties
- Collecting evidence of negligence
- Helping you maintain records of your losses
- Applying formulas to calculate the value of non-economic losses
- Estimating the value of any future losses (like the cost of future medical care)
- Assessing the potential overall value of your claim
- Completing claim paperwork
- Submitting a claim
- Negotiating with the insurance company on your behalf
That last point is vital. Insurance adjusters often try to take advantage of inexperienced claimants. An insurance adjuster’s goal is typically to get you to settle for as little money as possible.
A lawyer who understands insurance adjuster tactics may negotiate more effectively than you could on your own.
Is There a Deadline for Filing an Electric Scooter Crash Lawsuit in New York?
Under the New York State Unified Court System, the statute of limitations for product liability, motor vehicle accident, and other personal injury cases allows three years to file suit. That means you have three years from the date you sustained injuries to take legal action.
Don’t delay. You’ll waive your right to pursue compensation in court if you miss the deadline.
Contact a New York Electric Scooter Accident Attorney Today
Your injuries after an electric scooter wreck may be quite serious. As you recover, you don’t have to burden yourself with the task of pursuing compensation.
At Hach & Rose, LLP, a New York electric scooter accident lawyer can provide the representation you deserve. Peruse our client testimonials, case results and settlement awards. Learn more about what we can do for you by contacting us online today or calling us at (212) 779-0057 for a free case review.